Rules clarify how customs deals with protected goods

China

New rules relating to the protection of intellectual property by customs authorities have come into force. The rules amend and clarify existing provisions dealing with customs records, seizure and investigations.

Promulgated by the General Administration of Customs, the rules clarify under what circumstances an IP rights holder may ask customs to protect their rights. Domestic rights holders may do this on their own behalf or via a designated agent. Foreign rights holders can authorize their representative office or an agent based in China to do so.

The rules provide:

  • that rights holders must submit a standard application form, including certain evidence and documentation;

  • that if a rights holder requires the detention of suspect goods by customs, a bond must be paid; and

  • new regulations on handling the confiscated goods in question.

Jin Ling, Rouse & Co International, Shanghai

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